The local councilors and public associations will be able to challenge administrative normative documents in court, as a bill that was proposed for public consultations in the Parliament’s legal commission for appointments and immunities provides. PAS MP Vasile Grădinaru, bill author, said the local councilors and public associations now cannot dispute these documents in court and their lawsuits are rejected.
“A number of documents that are evidently detrimental to the public interest, with elements of illegality that quotation the legality and interest of society were identified in the recent past,” said Vasile Grădinaru, being quoted by de IPN. “The members of the local councils are in the situation in which they see the illegalities, bur cannot intervene to fight them even if they were elected to councils to defend the interests of society. The offices of the State Chancellery, which have such a power, cope with the large number of cases that they should verify with difficulty. “
Also, the bill authors consider the blocking of the activity of local councilors by long trials should be avoided and they thus limited the subjects of challenges. This way, not any local elected official can challenge any administrative document, but only the one that is in the constituency in which this was elected. The public associations that bear relation to the subject of the challenge, with the area of the challenge being stipulated in the founding documents, will also be able to challenge normative documents.
The maximum period for examining such cases was set at six months. The document can be suspended when it produces irrecoverable effects – to avoid tree felling, illegal constructions or demolition of heritage buildings – when the administrative document is evidently illegal and when it can have irrecoverable effects.
MP Vasile Grădinaru is the former head of the PAS parliamentary group and a former member of the commission on budget, economy finance, local public property, agriculture and problems of the Chisinau Municipal Council.